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OFFICE OF THE ATTORNEY GENEP+L OF TE:XAS 

AUSTIN 

(paurDGyuuc~ 

-.- ;.j 

. ..z 

Eonornblt3 L. 4. KOOdS 

State Superlntemlent of Publio Instrugtion 

'~.ustln, Texas 

: We have received yo $ 

< which you ask the opinion of 

Ing question: 

,;; 

.< 

F.ots of the 

: 

I of the 'Rural hia Act 

8. 

"It is herein specifically provided that ,0ub 

of the money appropriated~for each 3ChOOl yQeT Of 

: 

‘L-. I . . 

: I 
,f.:zo@le L. A. VOOds, Page 2 . 

. 

the.bieIUIiWl the sm Of l?our t:illiOn, Three Runarea end Fiftv Thousand Dollars (54,~350.000) is 

hereby sot aside for Salary Aia;..h;i& Humlr&d and 

nfenty Thousand DollaM ($920,000) fOX IIiSh School 

.Tuition; Three Killion, Thirty-nine Thou&md ant%- 

wleuty Dollars ($3,039,020) fox Transportation Aid; 

One hundred Thirteen Thousand, Mine fiundred and 

Scvonty Dollars ($113,9,70) for the edministration 

of this Act as provided herein; Right Thousand, 

Tuo Hundred Dollars ($3,200) for the operation of 

the school. plant aivi3ion in the Department of. 

mucation, as pcmittcd, authorized, 3ua nppropriated in thegeneral Dcparizontal Appropriation 

sill, 'for the biennim ending August 31, 1043, 

Five Thousand Dollars ($5,000) for the Census 

Division in the De9axtnent of Xducation t,o be erpended by the director thereof on order of the 

Joint Legislative Advisory Co.md.ttee for,cheoking 

and ap?rovlna school aemus rolls in seasonal labor 

not to exoeed forty cents (4OOg) per hour ~therefori 

Eight Thous~and Dollw% ($8,000) .for the pdrpose of 

eqloying an auditor aud for sudh,other and neaessnry expenses incident to the duties of the Joint 

Leeislstive Adv$sory Coattee. Such auditor shall 

not reoeive.nore than Three Thousand, Six Hundred 

Doll~s ~($3,600) per jr&r out of tho sum hereby 

allocated. The auditor and other authorized en+ 

playoes shall be appointed by the Comittee and. 

their salary -and necessary expenses be paid on 

order of said Committee and nil ouch exqloyees ' 

. 

nhall be unaer the aireot ewer*ision of snia Committee or its order. Each of the above namea a,U.ocations isfor each yaar of the biehnim.' 

balmoe under eithor of the 

% .c ienn ua chs 

ot the end of the firrrt yee,r of 

I, 

Joint LwislntS.vc Xdvisorg Comittee to .any allocation hcrcin created and set UP." .(Tlndersours). 

.:: . 

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I 

This aO,artmnt has held in Opinion 17'0. O-4609 that 

t!x provZeions of the Rural,Aid:Act (R.5, 288, Acts 47th Leg.) 

122oainS upon the Joint Leglslativc Advisory Comittee the author1t.y to edmi.niOtcr the 1~~3 ma in violation of Article 11, 

. 

: 
’ a, 

, Essorable L. A. IYoods fPage 5 ‘- 

,’ 

gootlon 1 of the Constitution of Texas, and axe for that 

re3son uuoonstitutional. The. opinion also hold that the 

dgtles, powers, and fuuotionn of the Joint LeCislati:To’AdvlsOry Comittee, except the duty iDposed upon it toostudy 

the r;chool lo;r;s of Texas in order that such laws my be recot~fied, devolve upon and axe to be executed by the State 

.vderd of Education under Article XII of tho Act, “the sme 

~8 if said Comitt,ee had not been created or authorized..V~ 

Under Sect1011 2. of Article XIII the appropriation 

itself is divided into seven allocatiooa, aud the Joint Legislative Advisory Committee (9oard of Education) is authorized 

to transfer any unexpended balance in either of the allocations 

at the end of, the first year of the biennium to any allocation 

orcoted and set up by,tho Act, ’ : 

An analogy nay b;K-dravk b&ween the’ appropriation 

uader consideration .and a lump su!a appropriation for several 

pur9oses.~ In the latter them is no clear cut or definite 

allocation while in the fomer these in suoh.allocati~on with. 

the provision that any unexpended balance in one of the seven 

dlvlsions at the end of the first year of the bienuluel my 

bo transferred to another @location: i.e., s#ent for another 

;ur?ose. 

,The. Legislature attempted to authorize the Conaittee~to make such a transfer; therefore, under Article 

)rII of the Act and Opinion I?o. 04609, .such authority is 

vested in and may be exorcised by the State Board of Education. 

It follows that your question is amplered ,in the affimative; : 

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Yours very truly